Emergency Relief Program Ammon Heier, FHWA ER Coordinator What to - - PowerPoint PPT Presentation

Emergency Relief Program

Ammon Heier, FHWA ER Coordinator

What to Remember

• Time is of the Essence - Urgency
• Good documentation is crucial
• Early and Ongoing Communication
• If you don’t know, ask.

Emergency Relief

Program Overview (Purpose and Intent)

Two Separate Federal Disaster Programs

• FHWA – Emergency Relief Program
• FEMA – Robert T. Stafford Disaster Relief and Emergency

Assistance ACT

FHWA ER Manual – November 2009

http://www.fhwa.dot.gov/reports/erm/

FHWA Role

• Administer the Emergency Relief Program
• Implement Policies and Procedures
• Determine eligibility
• Provide reimbursement funds
• Provide Technical Assistance & Training

State Highway Agency Role

• Request Emergency Relief Funding
• Identify Damage Sites

– Typically ineligible if not a Federal-aid Highway

• Complete Emergency Repairs (ER)
• Assess Amount of Damage
• Administer Permanent Restoration (PR) Projects
• Coordinate Locally Administered Projects

Local Agency Role

• Help Identify Federal-aid Highways

– Typically ineligible if not a Federal-aid Highway

• Identify Damage Sites
• Complete Emergency Repairs (ER)
• Coordinate with State Highway Contacts
• Assist in Assessing Damage
• Administer Permanent Restoration (PR) Projects

ER PURPOSE

• Authorized by Congress in 23 USC, section

125

• Repair or reconstruction of Federal-aid

highways and roads on Federal lands damaged by:

– Natural disasters – Catastrophic failures from an external cause

DEFINITION

• 23 USC 125 (a)

– ...result of (1) natural disaster over a wide area such as by floods, hurricanes, ... – ...or (2) catastrophic failures from any external cause ...

NATURAL DISASTER

• Floods
• Hurricanes
• Earthquakes
• Tornadoes
• Tidal Waves
• Severe Storms
• Landslides
• Wildfires

CATASTROPHIC FAILURE

• Sudden or complete failure of highway
• Disastrous impact on transportation
• Cause must be external

– Barge striking pier – Truck crash and fire

ER funds are intended for:

• Restoring Fed-Aid Roads to pre-disaster

conditions

• Replacement-in-kind

– Can design to current standards – Can design a replacement bridge for current traffic projections

• Providing the State with Additional $$$ (above

and beyond annual allotment) to alleviate the burden

ER funds are Not intended for:

• Covering all repairs
• Constructing new roads
• Improving roads
• Heavy Maintenance

Emergency Relief

Application Process

Funding the Program

• $100 million set-aside from the Highway

Trust Fund for nationwide coverage in any single year

• $100 Million per Event per State
• Higher Cap w/Special Legislation
• Minimum $700,000 in damages per event

and $5,000 per site

APPLICATION PROCESS

• 1. Governors Proclamation or President’s

Declaration

• 2. Letter of Intent by the State
• 3. FHWA Acknowledgement
• 4. FHWA Eligibility Finding by the AZ Division

19

Traditional Method

• Detailed Site Investigations

– Detailed Damage Inspection Report (DDIR)

• State Requests ER Funds
• Damage Survey Summary Report

Quick Release

• 1-2 Days for finding
• Prepare Damage Survey Summary Report (DSSR)
• Reserved for disasters where extensive damage is

readily evident (obviously eligible)

• DDIR’s are completed ASAP for site eligibility and

a program of projects approved

Damage Survey Summary Report

• Prepared by ADOT and submitted to FHWA

AZ Division Office for eligibility determination by the Division Administrator

• Content furnished by ADOT:

– Description of damage and approximate cost for each County – Description of the limits and destruction w/dates of occurrence – Pictures – one photo of each site w/maps

Emergency Relief

Emergency Repairs (ER) vs. Permanent Repairs (PR)

Two Categories of Repair

• 1. Emergency Repairs
• Restore essential traffic, minimize the extent of

damage, or protect the remaining facilities

• Eligible at 100% within 180 days
• Eligible at normal pro-rata share beyond 180

days

• Important to get started quickly!
• 2. Permanent Repairs
• Restore highway to pre-disaster conditions
• Eligible at normal pro rata share at 94.30% or

94.34% (even within 180 days)

Betterments

• Added protective features
• Changes which modify highway function
• r character
• Betterments are generally not eligible
• May be eligible if economically justified as

beneficial to the ER program

Activities Not Requiring Prior FHWA Authorization

Emergency Repairs (ER)

• PE and/or Construction as properly documented
• Temporary operations
• Incidental Permanent Restoration (PR)
• Requires FHWA prior approval and is NOT reimbursable at

100% but at pro-rata share

Activities Requiring Prior FHWA Authorization

– Permanent Restoration (PR)

• Normal Federal-aid procedures
• Preliminary and Construction Engineering & R-O-W
• Environmental Clearance (NEPA)
• Time Extensions

Emergency Relief

Eligibility

Non Federal-aid Highways

• NO Local Roads
• NO Rural Minor Collectors
• Use Functional Classification Maps

Eligibility Limits

• Event damage greater than $700,000
• Site damage greater than $5,000
• Debris, Signs, and Signals

– Individual locations might not reach $5,000 by themselves – Sometimes combined on an area-wide basis

• Subject to approval of the FHWA Area engineer

Eligible Items

• Engineering and Right-of-Way
• CEI and inspection services
• Detours
• Traffic damage*
• Overlays
• Raising grades
• Slides
• Some work on active construction projects
• Toll facilities
• Railroad crossings

Eligible Items cont.

• Traffic control devices
• Landscaping
• Roadside appurtenances
• Timber and debris removal
• Transportation System Management Strategies
• Features resulting from the NEPA process
• Outside of highway R-O-W*
• Administrative expenses
• Labor and equipment
• Service patrols and police performing traffic control activities

Debris Collection Definitions

• First Push

– Initial effort to clear roadway includes cut & toss operations to push debris out of traveled way

• First Pass

– Initial effort to collect debris pushed aside during first push operations – All debris (vegetative & non-vegetative) must be collected at same time as first pass operation – Must be within debris clearing limits

Debris Clearing Limits

• Traveled way
• Cut and fill slopes
• Clear zone
• As required for functioning of drainage ditches and structures

Ineligible Items

• Pre-existing conditions (i.e. bridge scour)
• Heavy maintenance
• Traffic Damage*
• Frost Heaving
• Applicant Owned Material
• Erosion Damage
• Prior Scheduled Work
• Betterments
• Maintenance and administration
• Inmate labor
• National Guard

Ineligible Items cont.

• Mine/underground subsidence
• Snow and/or ice removal
• Emergency/medical transportation services
• Mitigation/preventive work prior to disaster
• Catastrophic failure from internal cause
• Radiological contamination
• Transit operation and maintenance costs
• Minor pavement damage
• Pre-existing conditions

What is heavy maintenance?

Includes but not limited to:

• Minor damage to eroded shoulders
• Filled ditches and culverts
• Pavement settlement
• Mud and minor debris deposits
• Slope sloughing
• Slip-outs in cut or fill slopes

Heavy Maintenance

Emergency Relief

Detailed Damage Inspection Report (DDIR)

Decision Steps for DDIR

• 1. Damage due from event
• 2. Maintenance
• 3. Heavy Maintenance
• 4. Pre-existing condition
• 5. Damage on FHWA eligible route
• 6. Damage meets FHWA dollar threshold
• $5,000 or greater per site

Detailed Damage Inspection Report What it IS:

– In most cases, one is written per site – It is a preliminary cost estimate – It is a determination of eligibility – It is a brief description of the scope of work – It is used to support our request to HQ for Emergency Relief funding

What it is NOT:

– It is not a contracting mechanism

• Is never to be used to indicate actual scope, quantities, or

prices to the contractor

– It is not a NEPA determination or approval – It is not authorization to begin Permanent Restoration work

Detailed Damage Inspection Report

Phases of the DDIR

Two Phases

• 1. Initial DDIR

– Used to establish estimates and eligibility – Major items of work required

• 2. Revised DDIR

– Costs increase or decrease from initial estimates – Need information to justify the increases – Upon receipt of adequate backup

• Cost increase approved
• FMIS authorization signed

DDIR Team Members

• FHWA/State – Team Leader
• State and/or Local Agency Representatives
• FEMA and/or NEMA Representatives
• Specialists:

– Geotech – Hydrologist – Biologist – Cultural Specialist – Structures – R-O-W Specialist – Environmental Generalist

Damage Assessment

• Estimate only
• Provides a basis for

allocation of funds

• Actual cost will be

reimbursed

• Prior Approval for

Revised DDIR

Emergency Relief

Special Circumstances

Add in NEPA bubble slide

FHWA NEPA PROCESS FHWA NEPA PROCESS

COMMUNITY IMPACTS

• SEC. 104 (h)

WETLANDS ALL APPLICABLE FEDERAL LAWS FLEXIBLE DESIGN STATE & LOCAL LAW TRADITIONAL CULTURAL PROPERTIES ENDANGERED SPECIES SAFETY TRANSPORTATION ENHANCEMENTS AIR QUALITY PARKLANDS HISTORIC CIVIL RIGHTS ENVIRONMENTAL JUSTICE

FHWA NEPA PROCESS

NOISE

FHWA NEPA PROCESS

• ER program must comply w/NEPA
• ROW acquisition (temp/perm) must follow the Uniform

Act

• ER: Categorical Exclusion (CE) w/coordination
• PR: Typically Categorical Exclusion w/exceptions
• Betterments
• Bridge Work
• Any impacts affecting resources

Administrative Expenses

• Eligible

– Regular and Extra Employees – Payroll Additives

• Non-Eligible

– General Administration – Maintenance – Supervisor or Other Overhead

Detours

• Officially Designated by

Highway Official

• Could Apply to non-

Federal-aid highway

• Pre-disaster Survey of

route

• Restore to Pre-disaster

Condition

Traffic Damage

• In general, ineligible for ER Funds
• Three exceptions:

– Any public roads, responding vehicles making repairs – Any public roads, officially designated detour – Any Federal-aid highway, vehicles responding to a disaster

Outside of R-O-W

• In general, ineligible for ER Funding
• Must meet four criteria:

– Directly related to protection of highway – Not eligible for funds from another agency – No other agency has responsibility – Applicant agrees to accept future maintenance

Contract Requirements

• All Fed-Aid rules apply to contracts (ER & PR)

– Advertisement period – Innovative Contracting Methods – Davis-Bacon Labor Rates – Disadvantaged Business Enterprises (DBE) – Americans with Disabilities Act (ADA) – Buy America (steel) – NO convict labor

• Design Standards
• Environmental NEPA Issues/Process

Emergency Relief

Examples of Damage

Example

Example

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Example

Example

Example

Example

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Example

Example

What to Remember

• Time is of the Essence - Urgency
• Good documentation is crucial
• Early and Ongoing Communication
• If you don’t know, ask.

ER Contact Information

• Ammon Heier
• Federal Highway

Administration (FHWA)

• 602/382-8983
• ammon.heier@dot.gov
• Marwan Aouad
• ADOT, Central

Maintenance

• 602/712-7949
• 480/375-1219 (Cell)
• maouad@azdot.gov
• Wendy Smith-Reeve
• Arizona Division of Emergency

Management (ADEM)

• 602/464-6357
• wendy.smith-reeve@azdema.gov

Questions?